National Commission dismisses revision petition against local jeweller

Maheshewari M Gaunkar, Parra, Bardez, approached the
National Consumer Disputes Redressal Commission challenging the rejection of
his appeal by the Goa State Consumer Disputes Redressal Commission.

Gaunkar had filed
complaint against Kamakshi Jewellars, South Goa before the North Goa District
Consumer Disputes Redressal Forum, alleging that she had purchased gold chain
for chain for Rs.9100 and gold bracelet for Rs 8082 from the jeweler. However,
when she went to sell these gold ornaments to the shop she was offered only
Rs11,000. Later on she got the ornaments
checked from a private person and it was disclosed that they were of 20 carat
gold instead of 22 carat for which she had paid the price. Further no proper
receipt was given for the ornaments and only the estimate of preparation of the
ornaments was given.

The District
Forum held that that there was no evidence that the ornaments were purchased
from the jewellers and held that, the testing was got done from a private
person and not from a government approved lab as required under the Consumer
Protection Act. The complaint was also dismissed on the ground that the
District Forum did not have the jurisdiction as the cause of action arose in
South Goa. The State Commission upheld the order of the District Forum after
which Gaunkar approached the National
Commission.

The Commission
upon hearing the counsel and considering the record, observed that, though the
District Forum said that, it did not have the territorial jurisdiction to
decide the present complaint, still the District Forum decided the complaint on
merit also. The State Commission has also agreed with the finding of the
District Forum, that the District Forum did not have the territorial
jurisdiction to try the present case. However, the State Commission has also
agreed with the findings of the District Forum on merits”

The Commission
whilst dismissing the revision petition filed by Gaunkar held that since the
State Commission and District Forum had taken a conclusive view of jurisdiction
and merit in the contention of Gaunkar
there was no case demonstrate to upset both the orders. The Commission further observed
that “I am not inclined to give permission to the complainant to file a fresh
consumer complaint with the District Forum, South Goa, as this will involve
more expenditure on the part of both the parties. This is also not
required because the matter has already been adjudicated on merit by both the
fora below. The order of the State Commission is within the jurisdiction and
therefore, no purpose will be served if a fresh complaint is filed before the
District Forum, South Goa.”

Apart above
observation the judgement can also be used by traders to say that testing of
any defective material can be done only by government testing laboratory.